What is the burden of proof for termination of parental rights to an Indian child under the ICWA?
The Indian Child Welfare Act (ICWA) 1912(f) provides that “[n]o termination of parental rights may be ordered in such proceedings in the absence of a determination, supported by evidence beyond a reasonable doubt, including the testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.” In re O.S., 2005 SD 86, 4-7, 701 N.W.2d 421, 424; In re A.N., 2005 MT 19, 16-23, 325 Mont. 379, 383-85, 106 P.3d 556, 560.
